High Court throws out MP’ petition, face military court over treason

KAMPALA, Ugandansenior member of the Opposition Forum for Democratic Change party Mr. Michael Kabaziguruka is the first politician to face the full force of military law High Court judge Ms. Basaza Waswa ruled on Friday.

“High Court finds Nakawa MP Michael Kabaziguruka subject to military law until Sections 119(1) &197 of UPDF Act unless it is repelled,” she said.

Mr, Kabaziguruka, Nakawa Member of Parliament and four others had earlier also challenged the jurisdiction of the military court to try them in connection with an alleged plot to overthrow the government. But this objection was dismissed with court chairman, Lt. Gen. Andrew Gutti ruling that Section 119 of the UPDF Act of 2005 empowers him to try civilian suspects.

“…applicants were described as persons subject to military law by virtue of Section 119 (1) (g) UPDF Act. What this implies is that the applicants aided or abetted persons subject to military law to commit the offences charged,” Lt. Gen. Gutti held in a ruling delivered in the absence of Mr Kabaziguruka.

Nakawa Member of Parliament Mr. Michael Kabaziguruka (C) being escorted by prison wardens in court recently.

Mr. Kabaziguruka was taken back to Kigo Prison where he is remanded. The MP, who was arrested early this year, insists that he is innocent and believes that he is the subject of a political witch-hunt by the National Resistance Movement government.
Mr Kabaziguruka along with AIP Ferdinand Obulejo, Felix Oluge, Fredrick Namara and Musa Lutwama had objected to the court jurisdiction.

The five suspects are jointly charged with 18 others on allegations of treachery and offences relating to security, which attract a maximum sentence of death upon conviction.

They include Capt Andrew Ojaa, a junior officer attached to the office of the Camp Commandant the Land Forces at Bombo; Cpl Geoffrey Idro of Military Police; Cpl Richard Odama of Nakasongola Air Force Defence Division, L/Cpl Drachiri Raymond (rifleman of Military Police Makindye); L/Cpl Godfrey Inyani (Military Police at Makindye) and Obua Jacob (intelligence staff attached to Counter Intelligence officer under Camp Commandant at Bombo).

Other suspects are: Pte Christopher Omonyi (directorate of sports), Pte Amude Geoffrey (Land forces at Bombo), Pte Shafik Masembe, AIP Obulejo Ferdinand, Bilal Asuman, Cpl Tibesigwa Emmanuel, Cpl Elweru Justine, Pte Angola Ibrahim, Pte Oonyu Ambrose, Pte Matagi James, Pte Achan Lucy, Pte Oguti Billy Paul, Namara Fredrick, Pte James Byamaka, Pte Tugume Benon a resident of Kyabakazi in Rakai District and Felix Eluge, a mechanic in Kampala.
Prosecution led by Maj. Raphael Mugisha told court that investigations into the matter are still ongoing. He asked for one month to enable them complete the inquiries. The matter was adjourned to September 26 when it will come up for mention.

Charges:
Prosecution alleges that between May and June this year, the group and others still at large in diverse places in Wakiso, Luwero and Kampala districts, with intent to prejudice the security of or interests of the republic of Uganda, did commit acts of treachery. It is alleged that they infiltrated the defence forces and engaged themselves in war-like activities against the government.
It is also alleged that the group, with intent to prejudice the security of the defence forces or forces cooperating with the defence forces, did contrive a plot to overthrow the government by force.